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  80R15159 CAE-F
 
  By: Howard of Fort Bend, Chisum, et al. H.B. No. 3678
 
Substitute the following for H.B. No. 3678:
 
  By:  Cook of Navarro C.S.H.B. No. 3678
 
A BILL TO BE ENTITLED
AN ACT
relating to voluntary student expression of religious viewpoints in
public schools.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act may be cited as the "Religious
Viewpoints Antidiscrimination Act" or the "Schoolchildren's
Religious Liberties Act."
       SECTION 2.  Chapter 25, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E.  STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
       Sec. 25.151.  STUDENT EXPRESSION. A school district shall
treat a student's voluntary expression of a religious viewpoint, if
any, on an otherwise permissible subject in the same manner the
district treats a student's voluntary expression of a secular or
other viewpoint on an otherwise permissible subject and may not
discriminate against the student based on a religious viewpoint
expressed by the student on an otherwise permissible subject.
       Sec. 25.152.  LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY.
(a)   To ensure that the district does not discriminate against a
student's publicly stated voluntary expression of a religious
viewpoint, if any, and to eliminate any actual or perceived
affirmative school sponsorship or attribution to the district of a
student's expression of a religious viewpoint, if any, a school
district shall adopt a policy, which must include the establishment
of a limited public forum for student speakers at all school events
at which a student is to publicly speak. The policy must also
require the school district to:
             (1)  provide the forum in a manner that does not
discriminate against a student's voluntary expression of a
religious viewpoint, if any, on an otherwise permissible subject;
             (2)  provide a method, based on neutral criteria, for
the selection of student speakers at school events and graduation
ceremonies;
             (3)  ensure that a student speaker does not engage in
obscene, vulgar, offensively lewd, or indecent speech; and
             (4)  state, in writing, orally, or both, that the
student's speech does not reflect the endorsement, sponsorship,
position, or expression of the district.
       (b)  The school district disclaimer required by Subsection
(a)(4) must be provided at all graduation ceremonies.  The school
district must also continue to provide the disclaimer at any other
event in which a student speaks publicly for as long as a need
exists to dispel confusion over the district's nonsponsorship of
the student's speech.
       (c)  Student expression on an otherwise permissible subject
may not be excluded from the limited public forum because the
subject is expressed from a religious viewpoint.
       Sec. 25.153.  RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS.  
Students may express their beliefs about religion in homework,
artwork, and other written and oral assignments free from
discrimination based on the religious content of their submissions.
Homework and classroom assignments must be judged by ordinary
academic standards of substance and relevance and against other
legitimate pedagogical concerns identified by the school district.  
Students may not be penalized or rewarded on account of the
religious content of their work.
       Sec. 25.154.  FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND
ACTIVITIES.  Students may organize prayer groups, religious clubs,
"see you at the pole" gatherings, or other religious gatherings
before, during, and after school to the same extent that students
are permitted to organize other noncurricular student activities
and groups. Religious groups must be given the same access to
school facilities for assembling as is given to other noncurricular
groups without discrimination based on the religious content of the
students' expression. If student groups that meet for nonreligious
activities are permitted to advertise or announce meetings of the
groups, the school district may not discriminate against groups
that meet for prayer or other religious speech. A school district
may disclaim school sponsorship of noncurricular groups and events
in a manner that neither favors nor disfavors groups that meet to
engage in prayer or religious speech.
       Sec. 25.155.  ADOPTION OF POLICY.  A school district shall
adopt and implement a local policy regarding a limited public forum
and voluntary student expression of religious viewpoints.  If a
school district voluntarily adopts and follows the model policy
governing voluntary religious expression in public schools as
provided by Section 25.156, the district is in compliance with the
provisions of this subchapter covered by the model policy.
       Sec. 25.156.  MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS
EXPRESSION IN PUBLIC SCHOOLS.  In this section, "model policy"
means a local policy adopted by the school district in
substantially the following form:
ARTICLE I
STUDENT SPEAKERS AT NONGRADUATION EVENTS
       The district hereby creates a limited public forum consisting
of an opportunity for a student to speak to introduce school events,
such as sports events, assemblies, opening announcements and
greetings for the school day, pep rallies, and other school events,
as determined by the district.  For each speaker, the district shall
set a maximum time limit reasonable and appropriate to the
occasion.
       The forum shall be limited in the manner provided by this
article.
       Only those students in the highest two grade levels of the
school and who hold one of the following positions of honor based on
neutral criteria are eligible to use the limited public forum:
student council officers, class officers of the highest grade level
in the school, captains of the football team, and other students
holding positions of honor as the district may designate.
       An eligible student shall be notified of the student's
eligibility, and a student who wishes to participate as an
introducing speaker shall submit the student's name to the student
council or other designated body during an announced period of not
less than three days.  The announced period may be at the beginning
of the school year, at the end of the preceding school year so
student speakers are in place for the new year, or, if the selection
process will be repeated each semester, at the beginning of each
semester or at the end of the preceding semester so speakers are in
place for the next semester.  The names of the volunteering student
speakers shall be randomly drawn until all names have been
selected, and the names shall be listed in the order drawn.  Each
selected student will be matched chronologically to the event for
which the student will be giving the introduction. Each student may
speak for one week at a time for all introductions of events that
week, or rotate after each speaking event, or otherwise as
determined by the district.  The list of student speakers shall be
chronologically repeated as needed, in the same order.  The
district may repeat the selection process each semester rather than
once a year.
       The subject of the student introductions must be related to
the purpose of the event and to the purpose of marking the opening
of the event, honoring the occasion, the participants, and those in
attendance, bringing the audience to order, and focusing the
audience on the purpose of the event.  The subject must be
designated, a student must stay on the subject, and the student may
not engage in obscene, vulgar, offensively lewd, or indecent
speech. The district shall treat students' voluntary expression of
religious viewpoints, if any, on an otherwise permissible subject
in the same manner the district treats students' voluntary
expression of secular or other viewpoints on an otherwise
permissible subject and may not discriminate against a student
based on a religious viewpoint expressed by the student on an
otherwise permissible subject.
       For as long as there is a need to dispel confusion over the
nonsponsorship of the student's speech, at each event in which a
student will deliver an introduction, a disclaimer shall be stated
in written or oral form, or both, such as, "The student giving the
introduction for this event is a volunteering student selected on
neutral criteria to introduce the event.  The content of the
introduction is the private expression of the student and does not
reflect the endorsement, sponsorship, position, or expression of
the school district."
       Certain students who have attained special positions of honor
in the school have traditionally addressed school audiences from
time to time as a tangential component of their achieved positions
of honor, such as the captains of various sports teams, student
council officers, class officers, homecoming kings and queens, prom
kings and queens, and the like, and have attained their positions
based on neutral criteria. Nothing in this policy eliminates the
continuation of the practice of having these students, irrespective
of grade level, address school audiences in the normal course of
their respective positions.  The district shall create a limited
public forum for the speakers and shall treat the students'
voluntary expression of religious viewpoints, if any, on an
otherwise permissible subject in the same manner the district
treats the students' voluntary expression of secular or other
viewpoints on an otherwise permissible subject and may not
discriminate against a student based on a religious viewpoint
expressed by the student on an otherwise permissible subject.
ARTICLE II
STUDENT SPEAKERS AT GRADUATION CEREMONIES
       The district hereby creates a limited public forum consisting
of an opportunity for a student to speak to begin graduation
ceremonies and another student to speak to end graduation
ceremonies.  For each speaker, the district shall set a maximum time
limit reasonable and appropriate to the occasion.
       The forum shall be limited in the manner provided by this
article.
       Only students who are graduating and who hold one of the
following neutral criteria positions of honor shall be eligible to
use the limited public forum:  student council officers, class
officers of the graduating class, the top three academically ranked
graduates, or a shorter or longer list of student leaders as the
district may designate.  A student who will otherwise have a
speaking role in the graduation ceremonies is ineligible to give
the opening and closing speeches.  The names of the eligible
volunteering students will be randomly drawn.  The first name drawn
will give the opening and the second name drawn will give the
closing.
       The topic of the opening and closing speeches must be related
to the purpose of the graduation ceremony and to the purpose of
marking the opening and closing of the event, honoring the
occasion, the participants, and those in attendance, bringing the
audience to order, and focusing the audience on the purpose of the
event.
       In addition to the students giving the opening and closing
speeches, certain other students, including the valedictorian, who
have attained special positions of honor based on neutral criteria
will have speaking roles at graduation ceremonies.  For each
speaker, the district shall set a maximum time limit reasonable and
appropriate to the occasion and to the position held by the speaker.  
For this purpose, the district creates a limited public forum for
these students to deliver the address.  The subject of the address
must be related to the purpose of the graduation ceremony, marking
and honoring the occasion, honoring the participants and those in
attendance, and the student's perspective on purpose, achievement,
life, school, graduation, and looking forward to the future.
       The subject must be designated for each student speaker, the
student must stay on the subject, and the student may not engage in
obscene, vulgar, offensively lewd, or indecent speech. The district
shall treat the students' voluntary expression of religious
viewpoints, if any, on an otherwise permissible subject in the same
manner the district treats students' voluntary expression of
secular or other viewpoints on an otherwise permissible subject and
may not discriminate against a student based on a religious
viewpoint expressed by the student on an otherwise permissible
subject.
       A written disclaimer shall be printed in the graduation
program that states, "The students who will be speaking at the
graduation ceremony were selected based on neutral criteria to
deliver messages of the students' own choices.  The content of each
student speaker's message is the private expression of the
individual student and does not reflect any position or expression
of the school district or the board of trustees, or the district's
administration, or employees of the district, or the views of any
other graduate.  The contents of these messages were prepared by the
student volunteers, and the district refrained from any interaction
with student speakers regarding the student speakers' viewpoints on
permissible subjects."
ARTICLE III
RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS
       Students may express the students' beliefs about religion in
homework, artwork, and other written and oral assignments free from
discrimination based on the religious content of the students'
submission.  Homework and classroom work shall be judged by
ordinary academic standards of substance and relevance and against
other legitimate pedagogical concerns identified by the school.  
Students may not be penalized or rewarded on account of religious
content.  If a teacher's assignment involves writing a poem, the
work of a student who submits a poem in the form of a prayer (for
example, a psalm) should be judged on the basis of academic
standards, including literary quality, and not penalized or
rewarded on account of its religious content.
ARTICLE IV
FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES
       Students may organize prayer groups, religious clubs, "see
you at the pole" gatherings, and other religious gatherings before,
during, and after school to the same extent that students are
permitted to organize other noncurricular student activities and
groups.  Religious groups must be given the same access to school
facilities for assembling as is given to other noncurricular
groups, without discrimination based on the religious content of
the group's expression.  If student groups that meet for
nonreligious activities are permitted to advertise or announce the
groups' meetings, for example, by advertising in a student
newspaper, putting up posters, making announcements on a student
activities bulletin board or public address system, or handing out
leaflets, school authorities may not discriminate against groups
that meet for prayer or other religious speech.  School authorities
may disclaim sponsorship of noncurricular groups and events,
provided they administer the disclaimer in a manner that does not
favor or disfavor groups that meet to engage in prayer or other
religious speech.
       SECTION 3.  This Act applies beginning with the 2007-2008
school year.
       SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.